Folkestone
Express 3-1-1931
Thursday, January 1st: Before Alderman C.E.
Mumford, Mr. W. Smith, Dr. W.W. Nuttall and Alderman T.S. Franks.
Marcus Barthropp, of London, was charged that on the 2nd
August, 1930, at Folkestone, he did unlawfully by certain false pretences with
intent to defraud, obtain from Walter Grant the sum of £3 10s., and further
that on the same day he obtained by dales pretences with intent to defraud from
Walter Harbord the sum of £17 10s.
Mr. Walter Grant, the licence holder of the Mechanics
Arms, 37, St. John`s Street, Folkestone, said he recognised the prisoner, who
he first saw when he came into his bar on Friday evening of August 1sr last. It
would be between 9 and 9.30 p.m. He was with a friend and a chauffeur. They had
drinks and the defendant then asked him if he could put his friend and the
chauffeur up for the night. He told him he was staying with his sister-in-law,
Mrs. Chadwick, in St. John`s Street. He asked him what his business was, and he
said “Don`t you know me? I`m Mr. Bartropp, the racehorse owner and trainer”. He
referred him to Mrs. Chadwick, but he did not see her and took prisoner`s word.
He made arrangements and put the two men up. The prisoner then left. The next
day the defendant came in and settled up in cash. They all went out then for a
stroll on the beach, and the chauffeur came back first. Later on the prisoner
returned with his friend. Prisoner asked him for the loan of pen and ink, which
he provided. He next saw the prisoner take a cheque from his coat pocket and
write upon it, and then asked him if he would oblige him by changing it.
The Magistrates` Clerk (Mr. C. Rootes) said the cheques
was dated 31st July, 1930, and was on the London Joint Midaland Bank
Ltd., Kensington. It was for £3 10s., and the signature looked like F.W. Morton.
The name A.M. Barthropp was also on the cheque.
Witness, continuing, said he asked the prisoner if it
was a genuine cheque and repeated the question twice after that and he said
“Yes, it is quite in order and will be met”. He paid the prisoner £3 10s. and
took the cheque. The prisoner wrote on the front of the cheque, but he could
not say whether the prisoner wrote on the back. He was busy at the time and did
not take much notice of what was written on the cheque. He thought F.W. Morton
was a friend of the prisoner. When he took the cheque he believed it was
genuine and that it would be met on presentation. He took the cheque to Lloyd`s
Bank, Tontine Street, a day or two later and it was subsequently returned from
the bank marked “No account”.
In reply to the prisoner, witness said that he was
quite sure the prisoner used the words that he was Mr. Barthropp, the racehorse
owner and trainer. He had some conversation with Mrs. Chadwick afterwards, and
she mentioned the prisoner`s brother`s name. He distinctly saw the prisoner
write on the face of the cheque.
Patricia Mary Stephens, aged 11, of 15, St. John`s
Street, Folkestone, said she lived with her mother, Mrs. Chadwick. In August
last the prisoner was staying at the house. He was her uncle. He gave her a
piec of paper, but she did not know what it was. He asked her the name of the
place where the boys (her brothers) worked. Her mother, who was present, told
him. Prisoner was just going to hand it to her, when her mother said “You had
better put it in an envelope”. He did so, and then said “Take this up to Mr.
Harbord, and ask if he will change it” He also added “Take care of it, duckie,
because it`s a cheque”. She took the envelope with the paper up to her brother,
Percy Stephens, at Rego`s, in Church Street.
Samuel Percy Stephens, of 15, St. John`s Street, said
he was formerly employed at Rego`s, Church Street, as a porter. He was there in
August last, and on the 2nd of that month his sister came to him
with an envelope containing a cheque. He lifted the flap of the envelope and
saw that there was a cheque inside. He took it to the office desk, where he saw
the manager, Mr. Harbord. He later handed to him £17 10s., which he took home
and have to the prisoner. He (witness) said “I hope the cheque is good”, and
prisoner said “It`s quite all right”.
Mr. Walter Harbord, manager of the Rego Company, 2,
Chirch Street, said that on the 2nd August he was handed an envelope
containing the cheque (produced) by the last witness.
The Clerk said the cheque was for £17 10s. on Barclay`s
Bank. The signature was W.H. Harrison, and it was endorsed M. Barthropp.
Witness, continuing, said he paid £17 10s. in Treasury
notes to the last witness. He believed it to be absolutely genuine and that it
would be met on presentation. He paid it into the Company`s bank, Lloyd`s Bank,
Sandgate Road, on the following Tuesday, and he subsequently received it back
marked “No Account”.
By the prisoner, witness said when the cheque came back
dishonoured he wrote to the prisoner telling him that the cheque had been
returned from the bank and that it was a serious matter for him, and would he
kindly put it right so that he could put his Company`s account right. He also
approached Mrs. Chadwick and paid for a wire to be sent to his address.
Prisoner`s brother, the racehorse trainer, wrote to him asking him what the
trouble was, and he replied, telling him. He had had no reply since. Had he
received the money from the prisoner or his brother that would have been the
end of the matter so far as his Company were concerned. He had never met the
prisoner before, or seen or heard of him, nor had he seen his handwriting.
By the Clerk, witness said he had already communicated
with the police when he wrote to the prisoner`s brother.
In reply to a further question by the prisoner, witness
said that he had sent a registered letter to the prisoner after he had
communicated with the police.
Detective Constable Southey said at 2 p.m. the previous
day he attended Brixton Police Station, where he saw the prisoner detained. He
told him he had a warrant for his arrest for obtaining £3 10s. by means of
false pretences from Walter Grant, at Folkestone, on the 2nd August,
1930. He cautioned him and he made no reply. He then brought him to Folkestone
where he formally charged him, cautioned him, and he made no reply. Later he
was present when the prisoner was charged by Detective Sergeant Rowe with
obtaining by false pretences with intent to defraud, the sum of £17 10s., the
monies of Walter Harbord. He was cautioned and made no reply.
The Chief Constable (Mr. A.S. Beesley) asked for a
remand for a week in order to get additional evidence.
The Magistrates granted a remand until today (Friday)
week.
Prisoner asked for bail.
The Chief Constable said he would oppose the granting
of bail. He had had considerable difficulty in finding the man.
Prisoner said he had never moved. He had a wife and
three children. He had never slept out of the house.
The Chairman said that bail would not be granted.
Prisoner asked the Bench to reconsider the matter. He
was attending hospital for a serious illness, and it was only because of the
electrical treatment he had been having that he could walk.
The Magistrates` Clerk said that bail would have to be
substantial.
Prisoner: This is a very trivial amount. I don`t know
what you call substantial bail. I myself don`t see that there is a case to
answer.
The Clerk, after some discussion with the Magistrates,
said that on consideration, prisoner would be granted bail.
The Chairman said that bail would be granted, the
prisoner himself in £100, and another surety of £100. The sureties were to be
to the approval of the Chief Constable.
Folkestone
Herald 3-1-1931
Thursday, January 1st: Before Alderman C.E.
Mumford, Alderman T.S. Franks, Mr. W. Smith and Dr. W.W. Nuttall.
Marcus Barthropp was charged with having on August 2nd
obtained £3 10s. by false pretences from Walter Grant, and on the same date
with having obtained £17 10s. from Walter Harbord with intent to defraud.
Walter Grant, licensee of the Mechanics Arms, 37, St.
John`s Street, said that Barthropp came into his bar on August 1st
last. He was with a friend and also a chauffeur. They had drinks and Barthropp
asked him if he could put his friends and the chauffeur up for the night, and
added that he was staying with his sister-in-law, Mrs. Chadwick, in St. John`s
Street. Witness asked him what his business was, and he said “Don`t you know
me? I am Mr. Barthropp, the racehorse owner and trainer”. He made arrangements
to put the men up and Barthropp then left the bar. On the following day the
others had their breakfast and lunch, and Barthropp then came in and settled up
in cash. The three men went out together and later on Barthropp returned with
his friend. He asked witness for the loan of a pen and ink, which witness
provided. He saw Barthropp take a cheque (produced) from his inside coat
pocket. He wrote upon it, but witness could not see what he wrote. Barthropp
then asked him if he would oblige him by changing the cheque. Witness asked if
it was a genuine cheque, and also asked him twice after that if it was quite in
order. Barthropp replied “Yes, it is quite in order and will be met”. Witness
then handed Barthropp £3 10s. in cash and took the cheque. He could not say
whether Barthropp wrote on the back of the cheque but he saw him writing on the
face of it.
The Clerk (Mr. C. Rootes) said that the cheque was on
the London and Joint Midland Bank Ltd., Kensington, and dated July 31st.
The name A.M. Barthropp was on it, and £3 10s. in figures, with the signature
F.W. Morton.
Continuing, witness said that he did not see the
signature F.W. Morton on the front of the cheque as they were busy at the time.
He presented it at Lloyd`s Bank, Tontine Street, a day or two later, but it was
subsequently returned marked “No Account”.
Cross-examined by Barthropp, witness said that he was
positive Barthropp had spoken about his business as a racehorse owner and
trainer, and gave his name as Barthropp. Barthropp had not referred in his
presence at any time to his brother, but Barthropp`s brother`s name arose in
conversation with Mrs. Chadwick. When he discovered from Mrs. Chadwick that the
prisoner was not the trainer he said nothing about it, but simply spoke about
the cheque.
Barthropp: You told the Bench that you saw me writing
on the face of the cheque? – I distinctly saw you writing on the face of the
cheque.
Patricia Mary Stephens (11), living at 15, St. John`s
Street with her mother, Mrs. Chadwick, said that in August last, Mr. Barthropp,
who was her uncle, was staying with them. One day he gave her a piece of paper
but she did not know what it was. He asked the name of the place where her
brother worked; her mother was there at the time and she told him. He put the
piece of paper in an envelope, and then gave it to her and said “Take this up
to Mr. Harbord, and ask him if he will change it. Take care of it, duckie,
because it`s a cheque”. She took the envelope with the paper in it up to her
brother, Percy Stephens, at the Rego shop, in Church Street.
Samuel Percy Stephens, 15, St. John`s Street, said he
was formerly employed at the Rego shop in Church Street. He was there in August
last, and on August 2nd his sister, the last witness, came to him
with an envelope which he saw contained a cheque. He took it to the office dest
and the manager, Mr. Harbord, was there. He did not see the cheque then. Later
Mr. Harbord handed to him £17 10s., and he took it home to 15, St. John`s
Street and gave it to Mr. Barthropp. Witness asked him if the cheque was good
and he replied that it was quite all right.
The Clerk said that the cheque was headed “Barclay`s
Bank”, the name A.M. Barthropp was on it, £17 10s. in figures, and also the
signature W.H. Harrison.
Walter Harbord, manager of the Rego Ltd., 2, Church
Street, said that on August 2nd the last witness came to him and
handed him an envelope containing a cheque. He looked at the cheque, which was
filled up and endorsed, so he paid him £17 10s. The cheque was returned marked
“No Account”.
Prisoner: When the cheque came back dishonoured, did
you take any action? – I wrote to you telling you that the cheque had been
returned from the bank, and it was a serious matter to me, and would you make
it good so that I could put my banking account right.
Did you communicate with anybody else? – I also
approached Mrs. Chadwick and paid for a wire to be sent to your address.
Did you write to anybody else? – I heard from your
brother, who asked what the trouble was about a cheque. I wrote to him and
explained the trouble but I have not received any reply. Had I received the
money from you or your brother that would have been the endo of the matter so
far as my company was concerned.
Did you recognise my handwriting? - I have never met you before and I have never
seen your handwriting.
In reply to the Clerk, witness said that when he wrote
to the prisoner`s brother he had already put the matter in the hands of the
police.
Prisoner: Had you communicated with them when you sent
the registered letter? – I sent the registered letter after I had been in
communication with the police.
Detective Constable Southey stated that at 2 p.m. on
Wednesday he attended the Brixton Police Station, where he saw the prisoner
detained. Prisoner did not reply when formally charged.
An application for a remand until January 9th
was made by the Chief Constable for purposes of calling additional evidence,
and this was granted by the Magistrates.
Barthropp asked for bail, but the Chief Constable said
that he did not think it should be allowed as they had considerable difficulty
in finding the man.
Barthropp: I think that was most uncalled for on the
part of the Chief Constable. I have a wife and three children and I have been
unable to get out of the house.
The Chairman: Bail is refused.
Barthropp said that he would like to have the last
word. He had been attending hospital for a very serious illness. He could
hardly walk and was taking electrical treatment.
The Clerk: That is so. Could you put forward
substantial bail?
Barthropp: What do you mean by substantial bail?
After reconsideration the Bench decided to grant bail
in one surety of a £100 and prisoner himself in a similar sum.
Folkestone
Express 17-1-1931
Friday, January 9th: Before Dr. W.W. Nuttall,
Alderman T.S. Franks, and Mr. W.H. Smith.
Marcus Barthropp, of 81, Clapham Road, London S.W.1, on
remand, was charged with obtaining £3 10s. and £17 10s. by false pretences with
intent to defraud.
The Magistrates` Clerk (Mr. C. Rootes) said it had been
necessary to call another witness.
Mrs. Mary Chadwick, 15, St. John`s Street, Folkestone,
said that the defendant was her brother-in-law. He came to her house on the 1st
August and asked to be put up for the night. He came down just before nine the
next morning and had a little breakfast in the kitchen. He then went out for a
walk and came back again. He asked her if she could change a cheque, and she
said she could not. He asked her if she dealt with the Co-Op, and she said she
did not. He then said “Where are the boys?” and she told him “At the Rego”. He
said “A big firm like that would be run by a manager. That would be all right”.
Defendant then asked her the name of the manager, and she gave him it. He then
took a piece of paper, which she knew was a cheque, and asked for a pen. He got
one off the mantelpiece and wrote something on the back of the cheque. He
folded it up and asked her daughter to take it up to Mr. Harbord. She said
“Don`t you think it would be better to put it in an envelope?” and he did so,
putting it in an envelope which was on the mantelpiece. He did not seal it. The
girl then took it and went out. When she came back later, she said that Mr.
Harbord would send the money with her brother, Percy. She asked the defendant
“How much did you send her up for?” and he said “A matter of £17 10s.”. She
said “Do you think a man would give a little girl that amount of money?” Some
days later she communicated with her brother-in-law by telegram. She
subsequently received a letter from him.
The Clerk read the letter, in which it stated that Mrs.
Chadwick was to tell the firm who changed the cheque that her boys were
innocent of the matter. It was most unfortunate that such a thing should
happen. He got several cheques sometimes through racing transactions and one
was expected to run risks of getting anything as times were hard in racing.
There was one thing she might rest assured about; the matter would be put right
in time.
Mrs. Chadwick said she would not like to say that the
firm did not take any notice of that because both her boys got “the sack”.
Mr. Sidney Louis Stovkis, first cashier of the Midland
Bank, 16, Leonard Place, Kensington, said the cheque produced, purported to be
drawn by Mr. F.W. Morton, and dated 31st July, 1930, was issued with
a book of cheques to Mr. Grosvenor Thomas, a customer of the bank. The book was
issued on the 8th January, 1923. Mr. Thomas died about six years
ago. On the 31st July last they had no customer of the name F.W.
Morton on the books. The cheque was received at the branch on August 6th,
1930, and was returned marked “No Account”. The cheque was for £3 10s.
Witness, in reply to the defendant, said it was quite
clear that the handwriting on the front of the cheque was different to the
endorsement on the back.
Mr. Frank Shipway Lawrence, manager, Barclay`s Bank
Ltd., 218, Regent Street, London, said the cheque produced, purported to be
drawn by W.H. Harrison and was dated August 1st, 1930. It was issued
to Mr. B. Elen, a customer of the bank, some years ago. They had no customer of
the name of W.H. Harrison at the bank. The cheque was received at the bank on
August 6th last and was returned marked “No Account”.
In reply to the defendant, witness said he could not
say whether the handwriting on the face of the cheque and the endorsement was
the same. He was not called as an expert on handwriting.
Mr. Grant, the licensee of the Mechanics Arms,
re-called, said that since the time that he (defendant) had been remanded, he
had received the sum of £3 10s. by money order sent on behalf of the prisoner.
He received it that morning.
Mr. Harbord, manager of Rego`s, Folkestone, in reply to
the defendant, said that that morning he received £17 10s. by money order on
behalf of the defendant.
Defendant, in answer to the charge, said that there was
no evidence, so far as he could see, produced by the prosecution that he had
any knowledge that the cheques in question were not genuine. The evidence
showed that full compensation had been made by him, and he submitted that there
was no evidence whatever on which he could be justly either sentenced or sent
for trial. He was a married man with three children and had lived at the same
address for the last six years. He had made no effort to hide or conceal his
whereabouts since the transactions.
The Chairman said that the Magistrates considered there
was a prima facie case, and defendant would be committed for trial at the next
Quarter Sessions. Bail would be allowed the same as before.
Folkestone
Herald 17-1-1931
Local News
The Folkestone Magistrates on Friday of last week
committed for trial at the Quarter Sessions, to be held on January 17th,
Marcus barthropp, stated to be the brother of a racehorse owner and trainer,
who was charged on remand with obtaining by false pretences £17 10s. and £3
10s. During evidence given at the previous hearing, Barthropp, it was alleged,
represented himself to be the racehorse owner.
Mary Chadwick, 15, St. John`s Street, the wife of
George Thomas Chadwick, said defendant was her brother-in-law. He came to her
house on August 1st last and asked to be put up for the night.
Defendant came down for breakfast the next morning about 9 o`clock. After going
for a walk he came back and asked her if she could change a cheque. She said
she could not, and then he asked her if she dealt with the Co-Operative Stores.
She said she didn`t. He asked where her two sons worked, and she said “At The
Rego”. He said a big firm like that would be run by a manager, and she gave
defendant Mr. Harbord`s name as the manager. Barthropp then took from his
pocket a cheque. He wrote something on the back of the cheque. He then asked
witness`s daughter to take it to Mr. Harbord, and she did so. When she returned
she said Mr. Harbord would send the money (£17 10s.) by one of witness`s sons.
She said to defendant “How much did you send her up for?” He replied “Just a
matter of £17 10s.”. Some days later she communicated with defendant by
telegram and received a letter in which he said he accepted full
responsibility. “It is more than unfortunate that such a thing should have
happened”, the letter went on, “and I am more than sorry”. Defendant added that
he got several cheques for racing transactions, and one was expected to take
risks as one could not afford to refuse them as times were bad on the Turf. He
said that he would see what he could do about the reimbursement of the amount,
adding that she could rest assured that the matter would be put right in due
course.
Sydney Lewis Stoicvis, first cashier at the Midland
Bank Ltd., Leonard Place, Kensington, said the cheque produced for £3 10s. was
purported to be drawn by F.W. Morton, and dated July 31st, 1930. The
cheque was one of a book issued to Mr. Grosvenor Thomas, a customer of the
bank, on January 8th, 1923. Mr. Thomas died about six years ago. On
July 31st they had no customer of the name of F.W. Morton. The
cheque was received at the bank on August 6th, and returned, as
marked, “No Account”.
By defendant: The endorsement of the cheque was quite
different to that in the front of the cheque.
Frank Shipway Lawrence, manager of Barclay`s Bank, 208,
Regent Street, W., said the cheque produced for £17 10s. purported to be drawn
by W.H. Harrison, and was dated August 1st, 1930. The cheque was
issued to Mr. B. Elen,, who had been a customer of the bank some years ago.
They had no account in the name of W.H. Harrison at the bank in August last.
The cheque was received at the bank on August 6th and returned
marked “No Account”.
By defendant: He could not say whether the handwriting
on the front of the cheque was the same as the endorsement.
Mr. Grant, the landlord of the Mechanics Arms,
re-called by the defendant for the purpose of cross-examination, said he had
received by post the sum of £3 10s. by money order, sent on behalf of the
accused.
Mr. Harbord, manager of Rego Ltd., (Folkestone Branch),
also re-called by accused, said he had received the sum of £17 10s. by money
order that morning.
Barthropp made the following statement to the Bench:
There is no evidence, so far as I can see, produced by the prosecution, that I
have any knowledge that the cheques in question were not genuine. The evidence
shows that full compensation has been made by me, and I submit that there is no
evidence whatever on which I can be either justly sentenced or sent for trial.
I am a married man with three children and have lived at the same address for
the last six years. I have made no effort to hide or conceal my whereabouts
since the transaction”.
As stated, Barthropp was committed for trial, bail
being allowed in two sums of £100 each.
Folkestone
Express 24-1-1931
Quarter Sessions
Saturday, January 24th: Before Roland Oliver
Esq.
Marcus Philip Prescott Barthropp, 53, described as a
journalist, of Clapham Road, London, S.W., was charged with obtaining £3 10s.
by false pretences from Walter Grant on August 2nd, and further with
obtaining £17 10s. by false pretences from Walter Harbord on the same date. He
pleaded Not Guilty to both charges. Mr. L.S. Fletcher (instructed by Mr. C.F.
Nicholson, the Town Clerk) prosecuted, and Mr. H.J. Baxter defended.
Mr. Walter Grant, the licensee of the Mechanics Arms,
said on August 1st the prisoner, with two other men, came to his
house and ordered some drinks. He asked him also if he could put his two
friends up for the night, and he agreed to do so. Barthropp told him he was Mr.
Barthropp, the owner of racehorses and trainer of racehorses. He also said he
was staying in St. John`s Street with his sister-in-law, Mrs. Chadwick. On the
following morning the prisoner came into his house and paid the account, 18s.,
and he gave a 2s. tip to the girl. In the afternoon he came back with one of
the men, who was a chauffeur, and in the course of a conversation Barthropp
said “I have hundreds of pounds in my pocket one day and another day I have
very little”. He then took out a cheque from his pocket, and he wrote upon it.
He then asked him to cash it, and he (witness) enquired if it was a genuine
cheque, and he replied “Yes, quite genuine and quite in order”. He gave him £3
10s. for the cheque. He certainly would not have cashed him the cheque had he
not believed it was genuine. He paid the cheque into Lloyd`s Bank, and it was
returned “No Account”. He did not see the prisoner from August 2nd
until January 1st when he appeared in the Police Court and was
remanded. On January 9th, when the case was up for a second hearing
by the Magistrates, he received a money order for £3 10s. on account of the
money paid by him.
Cross-examined, witness said he was certain that the
prisoner told him that he was Barthropp, the racehorse owner and trainer. It
was not unusual for a man who did a good deal of betting to have sometimes a
great sum of money, and on other occasions nothing.
Mrs. Mary Chadwick, of 15, St. John`s Street,
Folkestone, said the prisoner was her brother-in-law, and came to her house
about half past ten in the evening on August 1st. She agreed to put
him up for the night. On the following morning, after he had had his breakfast,
he went out for a walk after borrowing 15s. from her. When he returned he asked
her if she could change a cheque. She said she could not. He asked her if he
dealt at the Co-Op, and she told him she did not. He then wanted to know where
her boys worked, and she said they were employed at Rego in Church Street. He
then said “A big place like that would be run by a manager”. She told him Mr.
Harbord was the manager. He then asked her daughter to take a cheque up to Mr.
Harbord. Several days later, in consequence of what she heard from Mr. Harbord,
she sent a wire to the prisoner, but it was not until a week or so after that
she got a letter from him in which he stated that her boys were in no way
responsible for what had occurred, and the matter would be put right in due
course.
Cross-examined, witness said the prisoner married her
sister, but she did not know anything about his family at all.
Natalie Stephens, an eleven year old girl, said she
lived with her mother at 15, St. John`s Street, Folkestone. On August 2nd
the prisoner gave her a piece of paper in an envelope to take to Mr. Harbord,
and to ask him if he would change it. She went to Messrs. Rego`s shop, and gave
the envelope to her brother Percy, who was employed there.
Samuel Percy Stephens said he was employed at the Rego
shop in Church Street on August 2nd. Mr. Harbord was the manager,
and when his sister brought an envelope with a cheque inside he took it to Mr.
Harbord, who handed him £17 10s. later. He gave the money to the prisoner, but
before doing so said “I hope the cheque is all right”, and he replied “It is
quite all right”.
Mr. Walter Harbord, Manager for Messrs. Rego, said he
changed the cheque which was handed to him by the last witness, to whom he gave
£17 10s. The cheque was drawn in the name of W.H. Harrison, and made payable to
Mr. Barthropp. He would not have given Stephens the money had he not thought
the cheque was genuine. It was returned to him marked “No Account”. On the 9th
January he received a money order for £17 10s., so the money had been refunded
to him.
Cross-examined, witness said if the money had been
repaid to him he would not have prosecuted the prisoner.
Mr. Sidney Lewis Stokvis, the cashier at the Midland
Bank, Kensington, said the cheque produced for the amount of £3 10s., drawn by
F.W. Morton in favour of Mr. Barthropp, was dated July 31st, 1930.
The cheque book from which the cheque was taken was issued to Mr. Grosvenor
Thomas seven years ago, and he died roughly about six years ago. The Kensington
branch of the Bank had no customer of the name of F.W. Morton. The cheque was
marked “No Account” and returned.
Mr. F.S. Lawrence, the Manager of the Regent Street
branch of Barclay`s Bank, said the cheque on his Bank was purported to be drawn
by W.H. Harrison. They had no customer of that name. The cheque was issued to
Mr. B. Elen on August 25th, 1927, but he had been dead several
years. The cheque was returned marked “No Account”.
Det. Constable Southey gave evidence of taking taking
prisoner in custody at the Brixton Police Station. He said the prisoner made no
reply when the warrant was read over to him and when he was later charged with
two ofences at the Folkestone Police Station. At no time did he give any
account as to where he got either of the cheques.
The prisoner said he did not wish to give evidence or
to call any witnesses.
Mr. Baxter, in his address to the jury, pointed out
that the prosecution had to prove their case, and he contended that they had
not done so.
The jury, after retiring for five minutes, returned a
verdict of Guilty.
The Recorder told the jury that he entirely agreed with
their verdict.
The Chief Constable (Mr. A.S. Beesley) said the
prisoner had admitted a previous conviction of three months for false pretences
at the Westminster Police Court on July 27th, 1927. Barthropp
commenced his career of crime in 1903, when he was sentenced to one month for
larceny and receiving at North London Sessions. On March 26th, 1903,
he received three months` hard labour at Marlborough Police Court, and later in
the year three months at Windsor. He was sentenced to six months and two months
consecutively at Brighton, on October 21st, 1904, for obtaining
money by false pretences. Further convictions included eight months at Oxford,
twelve months at Wiltshire Assizes, and 18 months at Devonshire Quarter
Sessions. The last conviction was in 1916, after which he joined the Army.
Barthropp came of a good old Suffolk stock. He was educated at Bradfield
College, and was employed with his father in the London Stock Exchange. He
served through the Boer War, joining the Rhodesian Rifles, and was taken
prisoner. He returned home in 1901, and resided with his parents. In the last
War he enlisted in the South Staffordshire Regiment, until demobilised in 1919.
He was wounded, and was awarded the Military Medal and bar.
Mr. Baxter said the prisoner had been doing
journalistic work recently. He asked the Recorder to show the greatest possible
leniency to the prisoner, who had only had one conviction since the War. He was
a married man with three children, the eldest of whom was only 10 years of age.
It was on account of his financial position that he committed that crime.
The Recorder: Where did the money come from to pay this
money back?
Prisoner: A well-known solicitor in London, an officer
in the regiment in which I served, gave me £10, and a relative helped me to the
extent of £11. I do hope you will give me a chance. I was just getting on and
keeping my head above water.
The Recorder, addressing the prisoner: I am going to do
something which I think is probably wrong. I am so much impressed by your
record I am going to take a chance with you. You have been convicted of quite
deliberate frauds. You have behind you a career of frauds.
Prisoner: Well I know it, sir.
The Recorder said there were two things which struck
him about the prisoner. One was that he was continuously in and out of prison
for 13 years until 1916. Then he kept out of trouble for eleven years, during
which time he served with honour in the War and was twice decorated for
bravery. That impressed him very much, and it convinced him he had good in him.
He had in front of him a letter from his wife which impressed him very much,
and which he believed. He was not going to ask the prisoner to promise
anything, but that was going to be his last chance. He did not see he had had
many chances given him. He was going to bind him over for two years to come up
for judgement if called upon.
Prisoner: I am very grateful. It is the very first
chance I have had.
The Recorder: I am taking your career, your war
service, and the fact that the money has been refunded into consideration.
Prisoner: It is not the punishment one has suffered for
the offences alone, but what one always suffers through the sentences.
The Recorder: If you disappoint me, you will disappoint
me in a great measure.
Folkestone
Herald 24-1-1931
Local News
The decision of the Folkestone Recorder (Mr. Roland
Oliver, K.C.) to give another chance to a man with 13 convictions was a feature
of the trial, at Folkestone Quarter Sessions on Saturday, of Marcus Philip
Prescott Barthropp, 53, described as a journalist, who was charged with
obtaining from Walter Grant £3 10s. by false pretences, with intent to defraud.
He was further indicted with obtaining from Walter Harbord £17 10s. by false
pretences, with intent to defraud. Prisoner pleaded Not Guilty, and asked for a
dock brief, selecting Mr. Baxter to defend him. Mr. L.S. Fletcher prosecuted.
Walter Grant, the licensee of the Mechanics Arms, said
on August 1st, in the evening, prisoner came into his bar in the
company of two other men. They had some drinks and prisoner asked him to put
his friends up for the night. He asked accused what he was and he said he was
“Mr. Barthropp, the owner and trainer of racehorses”. He added that he was
staying at St. John`s Street with his sister-in-law, whom witness knew. On the
following day prisoner came in and he paid an account (18s.) for his two friends
who had stayed with him for the night. Later prisoner came to the house again.
He remarked that one day he had £100 in his pocket and another day very little.
He then took out of his pocket the cheque for £3 10s. produced. Barthropp wrote
on the cheque and asked witness to cash it. Witness asked if it was genuine and
he replied that it was quite in order. He gave accused the money, but when he
paid the cheque in it was returned “No Account Leonard Place”. He did not see
prisoner again until January 1st, when he was before the Court. On
January 9th re received £3 10s. on prisoner`s behalf.
Cross-examined, witness said he knew Mrs. Chadwick
(prisoner`s sister-in-law). Between 9 and 9.30 in the evening he was pretty
busy, but he was sure accused said “Don`t you know me? I am Mr. Barthropp, the
racehorse owner and trainer”. He did not say “Don`t you know Barthropp, the
trainer?”
Mrs. Mary Chadwick, of 15, St. John`s Street,
Folkestone, said Barthropp was her brother-in-law. On August 1st he
asked her to put him up, and she said she would. On the following morning,
before going for a walk, he borrowed 15s. from her. When he returned from his
walk he asked her if she could change a cheque. She told him she could not. He
then asked her if she dealt with the Co-Operative Stores, and when she replied
that she did not, asked where her boys worked. She told him they worked at the
Rego Company in Church Street. Later Barthropp sent up witness`s little girl
with an envelope to the Rego shop. Witness later wired to Barthropp after he
had returned to London, and received a letter from him, dated August 11th,
which contained the following; “Only just back here, or you would have heard
from me about the cheques. I should like you to tell the firm which cashed it
that I accept full responsibility, and your boys have nothing to do with the
matter. Your boys were quite innocent parties. It is worse than unfortunate
that such a thing should have happened, and I am more than sorry. I get several
cheques from time to time for racing transactions, and one has to accept them
or risk getting nothing, as in many cases cash is scarce, owing to the bad time
prevailing on the Turf. I will see what I can do as regards reimbursing the
amount, and I will wire or write you. One thing you may rest assured about. The
matter will be put right in due course, and if you will let me know the name of
the firm concerned, I will either communicate with them direct at Folkestone,
or, if possible, at their London headquarters. I feel very seriously that your
boys must be exonerated from any blame in the transaction. I am so sorry it
happened”. It was signed Marcus, and was addressed from 81, Clapham Road,
London, S.W.
Cross-examined, witness said she did not know Mr. E.P.
Barthropp, the trainer. She knew nothing about the family. She saw Barthropp
write on the back of the cheque.
In reply to the Recorder, witness said she had met
Barthropp altogether about six times. She first knew him about two months
before August.
Natalie Stephens, daughter of the last witness, said
that on August 2nd the accused gave her a piece of paper enclosed in
an envelope, and asked her to take it up to her brother at the Rego shop. She
took the envelope, and gave it to her brother, Percy.
Samuel Percy Stephens said that on August 2nd
his sister brought an envelope with a cheque inside to him. This he gave to Mr.
Harbord, the manager, who later handed witness the sum of £17 10s. Witness went
home and gave the money to the accused, and said to him “I hope the cheque is
all right”. Barthropp replied “It is quite all right”.
Walter Harbord, manager of Rego Ltd., (Folkestone
Branch), said that on August 2nd Stephens, who was employed in the
shop, brought him a cheque, and witness later gave him £17 10s., which was the
amount the cheque was made out for. It was drawn by W.H. Harrison, and made
payable to Marcus Barthropp. He paid the cheque into Lloyd`s Bank on the
following Tuesday, and it was subsequently returned to him marked “No Account”.
On January 9th of this year the amount was returned to him.
Sidney Louis Stoicvis, first cashier at the Midland
Bank, Leonard Place, Kensington, was shown the cheque dated July 31st,
which the accused gave to Grant. The cheque book from which that cheque was
taken, he said, was issued to Mr. Grosvenor Thomas, a customer of the bank,
some six or seven years ago. Mr. Thomas died about six years ago. On July 31st
last there was no customer at the bank in the name of F.W. Morton, nor any
account in that name. The bank returned the cheque marked “No Account”.
Mr. Baxter: Is there any procedure by which a bank can
recall a cheque book when a customer dies? – A cheque book is usually handed in
by the next of kin, but as far as we can, we try to recover cheques.
He agreed that if the cheque books were still out after
the death of a customer, they would be a great danger to everybody in the
community.
Frank Shipway Lawrence, teh manager of Barclay`s Bank
Ltd., 208, Regent Street, W., said there was no customer of the name of W.H.
Harrison at that bank on August 1st, nor any account in that name.
The cheque book from which the cheque was taken was issued to Mr. B. Ellen on
August 25th, 1927.
Detective Constable Southey said that on December 30th
last he brought the accused from Brixton Prison to Folkestone. When cautioned
and charged he made no reply, either at Brixton or at Folkestone.
Mr. Fletcher said Barthropp made the following
statement at the Folkestone Police Court before he was committed for trial;
There is no evidence, so far as I can see, produced by the prosecution, that I
have any knowledge that the cheques in question were not genuine. The evidence
shows that full compensation has been made by me, and I submit that there is no
evidence whatever on which I can be either justly sentenced or sent for trial.
I am a married man with three children and have lived at the same address for
the last six years. I have made no effort to hide or conceal my whereabouts
since the transaction.
Barthropp did not wish to go into the witness box, and
Mr. Baxter then addressed the jury.
Summing up, the Recorder said that any innocent person
might come into possession of a cheque that would not be negotiable, although
the person who had it thought it would be. But it was unlikely, Mr. Fletcher
had said, that one person should get two from two different people on the same
day, one out of a cheque book which appeared to have belonged to a person who
had been dead for six years. Although those people had not lost any money, and
had been paid back, it was no defence for a crime which had been committed. Who
Barthropp was, of course, they did not know, because he had not told them; but
he did not seem to be such a person as Barthropp, the racehorse owner and
trainer.
After retiring, the jury returned a verdict of Guilty.
The Chief Constable (Mr. A.S. Beesley) said Barthropp
commenced his career in 1903, when he was sentenced to one month for larceny.
He had had 13 convictions, mainly for false pretences and fraud. From 1916 to
1927, however, he had no convictions against him. He came from very good old
Suffolk stock, and was born on August 22nd, 1877. He was educated at
Bradfield College, and was employed by his father on the London Stock Exchange
for two years. He served through the Boer War, and was taken by the Boers. He
returned to England in 1901, and resided with his parents at Windsor. He served
in the last War until 1919. He stated that he was wounded, and was the holder
of the Military Medal and bar. Since the late War, he had been engaged on
journalistic work, and was at present undergoing treatment at the Charing Cross
Hospital for peripheral neuritis. In spite of what Barthropp had said about
always being at his residence, the London police had attempted over and over
again to effect his arrest, but had not succeeded. He was never in. It appeared
that he went out very early in the morning, and returned late at night.
Mr. Baxter said Barthropp had received the Military
Medal for gallantry in the field. He had a number of letters from officers
under whom he served, who stated that they would be pleased to recommend him
for a commission. He asked if the Recorder could use the greatest possible
leniency in dealing with Barthropp.
The Recorder said he was going to do something which he
thought was probably wrong, but he was so much impressed by Barthropp`s record
that he would take a chance with him.
Barthropp: You will find I shall not abuse it.
The Recorder said Barthropp had behind him a career of
frauds. But there were two things about him which struck him. Barthropp was
continuously in and out of prison for 13 years up to 1916, and then he kept out
of trouble for 11 whole years, during which time he served with honour in the
War and was twice decorated for bravery. That was a thing which impressed him
very much, for it convinced him, in spite of Barthropp`s career, that he had
good in him. He was probably quite wrong in doing what he was going to do. He
had in front of him a letter from Barthropp`s wife, which impressed him, and he
was going to give him another chance. That was going to be his last chance. He
did not say Barthropp had had any chances given him, but he was going to have
one then. He would be bound over for two years.
Asked if he would do as the Recorder asked, Barthropp
said “I am very, very grateful to you. It is the first chance I have had”.
The Recorder: If you disappoint me, you will disappoint
me in a great measure.
Folkestone
Herald 18-8-1934
Local News
The Folkestone Magistrates yesterday (Friday) granted
the application of Mr. W.H. Steward, of the Wolf Pack Inn, Goudhurst, for a
protection order for the transfer of the licence of the Mechanics Arms,
Folkestone.
Folkestone
Express 13-10-1934
Local News
The Folkestone Magistrates had before them on Wednesday
three applications for the transfer of licences. These were in respect of the
Mechanics Arms, 27, St. John`s Street, from Mr. W.W. Grant to Mr. Steward, a retired
Metropolitan Police sergeant; the Bouverie Arms, 33, Cheriton Road, from Mr.
F.G. Hedges to Mr. H.F. Funnell, a well-known local hairdresser; and the
Richmond Tavern, 1, Richmond Street, from Mr. E.J. Jordan to Mr. T.D.
Goldsmith, a bus conductor who has resided in the town for some years. The
Magistrates granted the application in each case.
No comments:
Post a Comment